63
209. However, the Tribunal has verified that based on the investigations that were
transferred to the General Investigation Coordination, the diligences have been addressed
mainly to the “location” of Mr. Radilla-Pacheco, and not to the determination of other
possible responsible parties. The aforementioned is confirmed with that indicated by the
witness Martha Patricia Valadez Sanabria.213 Likewise, the State of Mexico itself indicated
that “[t]he recent diligences that are being carried out follow specific, true, and effective
lines of investigation in order to locate Mr. Rosendo Radilla-Pacheco or explain his
whereabouts.”
210. The Court considers it convenient to state that, pursuant with the Presidential
Agreement through which the Special Prosecutors’ Office was created, the latter responded
to “[t]he demands of elucidation of the facts and of justice for those who had allegedly
disappeared for political reasons,” which “[d]emand[ed] a clear response from the
authorities informing of the truth […] based on a reconciliation that respected their memory
and helped the achievement of justice.”214 In that sense, according to that indicated by the
State, one of the objectives of the tasks of the Special Prosecutors’ Office was the
documentary and historical investigation “[w]ith the final purpose of elucidating the facts and
spreading upon the record the historical truth” in the commission of the “crimes” that were
being investigated.”215
211. The Special Prosecutors’ Office was closed based on the argument that “[t]he level of
progress in the investigations carried out,” made it appropriate that the preliminary
inquiries and the pending criminal proceedings be taken before other administrative unit of
the Attorney General’s Office, who should follow those investigations “with identical
dedication.”216 In that sense, the case files were transferred to the General Investigation
Coordination (supra para. 189). In this regard, the Court points out that the National
Human Rights Commission of Mexico has considered that the work carried out by the
Attorney General of the Republic “[h]as not achieved the necessary progress and [its]
213
Cf. Statement offered by the Attorney Martha Patricia Valadez Sanabria before notary public (affidavit) on
June 18, 2009 (dossier of merits, volume IV, folios 1434 through 1441). Besides the scanning and excavation
diligences, the witness only referred to a “[l]egal certification filed on February 5, 2009, before the agent of the
public prosecutors’ office of the federation, attached to the General Investigation Coordination, María Sirvent Bravo
Ahuja, to the effect of informing herself and going over the general status of preliminary inquiry
SIEDF/CGI/454/2007 […].” Similarly, she stated that “[o]n June 17, 2009, she received and added to the inquiry, a
certified copy of different legal certifications regarding the criminal proceedings started in the military jurisdiction
against Francisco Quiros [sic] Hermosillo […].”
214
This Presidential Agreement also stated that “[t]he unavoidable search of the truth, necessarily, impl[ied]
a revision of the past facts and [that] in that sense, there [was] an ample social consensus to respond to that
complaint and set the conditions for a national reconciliation as a fundamental requirement to strengthen [the]
institutions, the constitutional state and democratic legitimacy.” Cf. Agreement of the Executive Branch, Presidency
of the Republic, through which several measures are ordered for the serving of justice for crimes committed
against people linked to social and political movements of the past, of November 27, 2001 (dossier of appendixes
to the brief of pleadings and motions, appendix H(1), folio 2143 and dossier of appendixes to the respondent’s
plea, appendix VI(1), page 1).
215
Cf. Respondent’s Plea (dossier of merits, volume II, folio 659) Cf. similarly, the General Organization
Manual of the Attorney General of the Republic, published in the Official Gazette of the Federation on April 25,
2005, part that refers to the Special Prosecutors’ Office for Social and Political Movements of the Past (dossier of
appendixes to the respondent’s plea, Appendix VI(4), pages 125 through 130)
216
Cf. Agreement A/317/06 of the Attorney General of the Republic, of November 30, 2006 (dossier of
appendixes to the brief of pleadings and motions, appendix H(3), folios 2164 through 2165 and dossier of
appendixes to the respondent’s plea, appendix VI(2), page 2).
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos